“We Taught That Ni**er A Lesson”: Jamaican National Serving 30 Years In US Prison For Marijuana Seeds

By
Barry Cooper, Cannabis Culture
on January 31, 2013

CANNABIS CULTURE – Forgive the racially offensive headline, as it should inflame and anger the reader and cause an outcry for the crucifixion of the reporter, but the fury should instead be directed at two other parties: a West Texas juror who uttered this phrase and the US federal court who sentenced a Jamaican National musician to 30 years in prison for possessing marijuana seeds. For sixteen years, his story has gone unreported.

On November 11, 1996, Dalton Knight Wilson, 40, and his brother were traveling through a West Texas border patrol checkpoint situated approximately seventy miles from the Mexican/American border when they were stopped by a DEA agent. While interviewing the travelers, the agent stated he could smell the odor of burnt marijuana. The passenger, Wilson, explained he and his brother were moving from California to Florida and admitted to having a small amount of marijuana for personal use. Both men were detained while a timely search of their furniture-loaded pickup was conducted. During the search, officers discovered a baggie of marijuana seeds along with some aged and dusty hydroponic growing equipment that had been sitting idle in a storage shed for several years.

Although Wilson had earlier given the agents the small amount of marijuana, one-quarter ounce, he was unaware of the seeds tucked away that had gone unnoticed in the pile of old furniture and boxes that were stashed in a shared storage building. Before leaving for Florida and while Wilson was en route with the truck to load his belongings, he telephoned his brother to move the belongings out of storage for loading. This explanation seems plausible because a person is unlikely to voluntarily give the police marijuana and not admit to the seeds. Most people understand possessing seeds are usually classified as a lesser offense than possessing marijuana and in Texas, possessing seeds is a Class “C” Misdemeanor (equal to a traffic ticket) and the possession of less than two ounces of marijuana is a Class “B” Misdemeanor, a slightly higher-level offense.

Since Wilson took full responsibility for the two state misdemeanors, his brother was released and Wilson was transported to the El Paso County jail. After three days of waiting for a bond, to Wilson’s disbelief, he was served with a two-count federal indictment in the Western District of Texas:

Count One of the federal indictment read:

“On or about November 11, 1996, in the Western District of Texas, Dalton Knight Wilson, knowingly did possess marijuana seeds with intent to manufacture marijuana.”

Count Two read:

“On or about November 11, 1996, in the Western District of Texas, Dalton Knight Wilson, knowingly did attempt to manufacture and attempt to possess with intent to distribute marijuana.”

Although Wilson is thankful his brother was not arrested, it is difficult to understand why his brother was not charged if the crime was serious enough to cause such a harsh reaction from the government.

Wilson was transported to a Pecos County, Texas jail where he remained for one month before being released on a supervised bond. Soon afterward, a one-day trial-by-jury was completed and Wilson was found guilty on both counts and sentenced to 30 years imprisonment by the now deceased federal judge, Lucius D. Bunton III. After serving 16 years, Wilson remains behind bars as a model prisoner at the Federal Correctional Institution in White Deer, Pennsylvania.

It is a common habit of the United States Government, the fairest and most just regime in the world, to charge and cage its citizens by pretending the possession of marijuana seeds is the same as possessing fully grown marijuana plants. This perfect rationalization was allowed by judges and used by prosecutors in two recent cases where both men are now serving five- and six-year prison sentences. In 2010, the famous freedom activist, humanitarian, scholar, and former owner of Cannabis Culture, Marc Emery, lost an extradition tug-of-war between his home country of Canada and the United States. Marc is now serving five years behind bars for selling tens of thousands of marijuana seeds to US citizens via an online seed company. In the same year, a Fort Wayne, Indiana judge sentenced 30-year-old Jesse Groth to six years in federal prison for selling marijuana seeds online from his northeastern Indiana home. Both of these men sold marijuana seeds, while Wilson was found only in possession of seeds.

It may seem like a dirty journalistic maneuver designed to inflame the reader by pulling the race card when arguing Wilson was treated unfairly because he is black (especially since racism completely ended in 1968 when the US decriminalized being a Black American by allowing them to drink from the same fountains as whites), but long after these two white men are released for possessing AND SELLING large quantities of seeds, a black man will remain in jail for more than 10 years longer – and had already served over 10 years before the seed dealers spent their first days in jail. Although unrelated to this article, it is interesting to note the former federal prosecutor, John McKay, who aggressively persecuted Marc Emery, is now an outspoken activist in favor of the decriminalization of marijuana.

NeverGetBusted obtained the court transcript of the jury selection process in Wilson’s case and noticed four of the twelve, all-white jury members were closely related to law enforcement.

Gloria Lujan testified, “I have a son working for the criminal Justice.”

Donna Yadon testified, “My father was a city policeman.”

Terry McAnally testified, “I have a son on the Midland Police Department.”

During the year long NeverGetBusted investigation of Wilson’s case, a reliable source in West Texas who wishes to remain anonymous for fear of government retaliation, reported that while attending a church picnic shortly after the trial, she heard one of the jurors proudly boast, “We taught that nigger a lesson.” This statement was not shocking to NeverGetBusted because in the mid 1990s, this reporter worked in the West Texas towns of El Paso, Pecos, and Odessa as a narcotics officer and can attest to the rampant racism that still infected that region during the time of Wilson’s trial. Although black people in this region were allowed to drink from the same water fountains, the “N word” was still widely used among law enforcement and citizens alike.

Not only was Wilson’s jury racially tainted and biased in favour of police, but according to court records, there were five significant legal errors that denied Wilson due process of law:

1. To date, Wilson has not received “Discovery”, which is a legal term used to describe a defendant’s right to obtain and examine all the evidence the government intends to use against him or her during their trial and sentencing. Discovery is crucial because it is the only way the accused can completely prepare arguments in their defense. According to docket records, Wilson’s public defender ordered Discovery but it was never given. After firing his public defender, Wilson obtained a paid lawyer who failed to file for Discovery and only requested to review the evidence two weeks before Wilson’s sentencing and after he was convicted. The Discovery was still withheld from Wilson and he was sent to prison for 30 years without the right to examine the government’s evidence that was used to send him there.

2. Due process would require some notice by statue or guidelines prior to the commission of the offense or sentencing that every seed possessed is the same as possessing a full-grown marijuana plant. The indictment did not allege nor did the evidence show Wilson possessed marijuana plants. The defense informed the courts, “Wilson received no notice of the nature or cause of the accusations in violation of the 6th Amendment.” In reaction to this statement, the presiding judge explained, “Three learned judges at the appeals court level would know more about that.” Or in other words, “I know I’m wrong but you must appeal to get any relief.” Furthermore, the government failed to allege the drug quantity in the indictment. The court’s failure to submit this issue to the jury is another violation of due process.

3. Later, during an appeal to the “three learned judges”, Wilson argued the government was in error to charge and sentence a person with possessing marijuana plants when only seeds were possessed. Although the appeal was denied, the three-judge panel agreed that seeds were not plants and ordered a re-hearing for Wilson. Wilson’s lawyer missed the hearing deadline and in an attempt to rectify the grave error, the attorney filed a Motion To Continue where he stated, “I missed my client’s hearing date because I was in a conference learning how to be a lawyer.” The motion was denied and Wilson lost his chance to present oral arguments to the appellate court.

4. Throughout the trial, plants were never mentioned and during the jury selection the judge told the pool of jurors, “This case is about marijuana seeds.” In the end, the judge sentenced Wilson for plants yet the jurors thought the case was entirely about seeds.

5. By treaty and according to the US government’s website, it is a law when a foreigner is arrested on US soil that the Consulate for the country of the accused be notified. During the course of Wilson’s arrest, hearings and trial, Wilson was never advised of this right and the US failed to report to the Jamaican Consulate that one of its citizen’s was under arrest and being tried.

In a NeverGetBusted interview with prominent and famous Washington State defense lawyer, Jeff Steinborn, who serves on the National Board of Directors for NORML (National Organization for the Reform Of Marijuana Laws) Steinborn stated, “This is an ugly one. But in the scheme of things we are accustomed to imposing unthinkable punishments on people for very minor crimes, particularly if you do the wrong crime in the wrong place. Even so, I can’t understand how this could happen. The racist jury didn’t impose the sentence. It’s just the same old racism that’s been there from the very beginning of our country.”

When speaking with Texas super-lawyer Bobby Mims, the President-elect of the prestigious Texas Criminal Defense Lawyer’s Association, Mims stated his opinions don’t necessarily reflect that of the TCDLA but, “Presently, there is bi-partisan movement in Congress to stop the criminalization of Federal laws. The USA incarcerates more of its citizens than any country in the world. Wilson is a casualty of a system that is not only broken but also bankrupt. I hope that Wilson can obtain the services of a qualified “Habeas” attorney and obtain relief. If history is any guide then the fact that you [NeverGetBusted] and your audience are interested in his case makes Wilson a lucky man.”

During the past 16 years of incarceration, Wilson has been a model prisoner receiving an Associate’s Degree in Psychology, a certificate from the National Restaurant Association in the safe preparation and serving of food, a Certificate of Competence and Skill In Employment from a South Carolina institution, A Computer Literacy Certificate from the State of Florida and has been participating in the Prison Companion Suicide Program for approximately 5 years, for which he was awarded several certificates of excellence. According to prison records, Wilson has only been disciplined once during his imprisonment when a newspaper was found in his cell.

During the past year, NeverGetBusted has corresponded with Wilson extensively. After preparing this article and moments before publishing, Wilson notified NeverGetBusted of a recent and bizarre turn of events that could get the condemned’s case back in court. Acting as his own lawyer, Wilson filed a Request For Discovery. To Wilson’s surprise, a federal district judge answered the request by giving Wilson a February 4, 2013 deadline to re-plea his Motion For Discovery; apparently to properly document the reasons why Wilson is entitled to Discovery after sixteen years. And the name of the magistrate willing to review Wilson’s pleadings is none other than the Honorable Federal District Judge, Robert Junell.

While the community is still debating whether KopBusters was a waste of law enforcement’s time or a clever humanitarian operation designed to free a mother of two, many have fairly decided Judge Junell acted honorably and with justice by vacating Yolanda Madden’s sentence and ordering a re-trial (ultimately leading to a plea bargain that promised Yolanda did not have to return to prison). This reporter cannot help but notice the irony of both Madden and Wilson having the same judge.

HOW TO HELP DALTON KNIGHT WILSON

As a certified expert witness and criminal case consultant, this reporter has adopted Wilson’s case Pro Bono (no pay) and is asking a qualified lawyer to do the same by becoming Wilson’s attorney of record and filing the re-plea for Motion For Discovery in Judge Junell’s Court. The answer must be handled by a professional instead of Wilson, since this could be the last chance Wilson has to terminate his cruel and unusual punishment. He has fourteen long and harsh years left to serve. If you are a lawyer interested in this humanitarian cause, please email: [email protected]. Wilson has been punished long enough.

Wilson has three adult children awaiting his release. Two of his sons are college graduates and the third is a musician.

For the reader to help free Wilson, place two polite yet firm phone calls asking for justice. Never underestimate the power of a thousand calls and what it can accomplish. Be one of the thousand who freed Wilson by calling and/or emailing the two persons below:

Federal District Judge Robert Junell

Politely and respectfully ask Judge Junell to vacate Wilson’s sentence and deport him back to his home country of Jamaica.

A 6-year-old girl in Texas was given medical marijuana on Thursday to treat her epilepsy...

Comments

11 Comments

Anonymous on
November 5, 2013 5:56 pm

I AGREE

Anonymous on
February 7, 2013 5:42 pm

If I was busted like that for over fucking seeds and had known I would be going to jail for 30 years or even for 5 years… IF I HAD THE OPPORTUNITY… I WOULD SHOOOOOOOOOOOOOOOOOOT……. THOSE FUCKS RIGHT WHERE THEY STAND AND MURDER THE SHIT OUT OF THEM… EMPTYY THE ENTIRE CLIP OF THEM, EVEN IF NO GUN, I WOULD FUCKING CHOKE HIM/HER/THEM TO DEATH and i really wouldnt give a shit about that i just murdered a human being… and the camera in the cop car… i would fucking smash it to bits and just leave the fuckin area upset…

i wouldnt let those fucks ruin my whole life and fucking terrorise ( to say the least ) me like that… i would fuckin kill them if i knew.. mark my fucking words you pieces of shit that put good people to jail over nothing, fuck you

gg im out…

Cliff on
February 3, 2013 2:47 am

The jurors surnames sound Mexican. I live in south Texas and know that Mexicans hate black people. Trash is trash no matter the color. The judge and jury are the criminals and they should pay no matter how long ago this happened. I will call and send e-mails. Mr. Wilson must be some person to tolerate this injustice for so long, GOD bless him.

Mrs. Ratsrectum on
February 2, 2013 11:52 pm

This only underscores that cannabis prohibition was borne out of racism, and is being used for new Jim Crow laws by xenophobes hiding behind their prejudices which they’ve put on paper and now call it law.

The faster more states jump on the cannabis money train and legalize like Colorado and Washington state did, the sooner the Obama Administration (Obama, Holder) can just stop complaining and finally do something pro-cannabis. I can’t. My pussy hurts from all the cluster fucks with Republicans. Most Americans think the feds should stay out of states that have legalized, MMJ or outright, so if Obama makes that policy via de-funding via sequestration or executive order or whatever, then more states will jump on that train, knowing the feds won’t swoop in and fuck up a good thing, a fair thing. Then Congress can get it’s shit together when they are finally left no other choice, and then Wilson and Marc and folks can get out of jail. Problem is the only way the Congress will do it is if they’re left no other choice.

gutrod on
February 2, 2013 2:29 pm

As a fellow musician, this story outraged me. Mr. Wilson should be freed and handsomely compensated immediately. The prosecutor and juror’s should be the ones in prison for life. Bunch of good old white boyz who are the definition of white trailer trash. Disgusting. The world is now judging you lowlifes.

Anonymous on
February 2, 2013 4:33 am

My god, out of all the people in all the countries, America always has the worst stories of all. there is always someone going to jail because of some stupid thing like seeds, marijuana, a pencil, maybe even stepping on some grass at 10:30am. but really….seeds? the man was honest, didnt make any attempt to hide anything. weed isnt even a dangerous drug. this story makes me hate America even more, put the judges that are corrupt, juriors who are pricks in bars. what is the country getting out of a man being in jail for that long over seeds. really? what will America get. one less seed in the country? America will never benefit from this, plain and simple..just people arguing its the law, put him in there, blah blah blah. why dont you cops go catch some real heavy hitters like rapists, corrupt companies like the oil and gas. oh wait…they pay your wage, even if they did spill thousands of gallons of oil into the sea, they can just pay the fine and get back to work while tax payers pay higher in gas prices to pay back the amount spent on the fine. hahaha. rich bastards..money is more important than a man, woman or childs life anyday and that sickens me. if i had all the power in the world i would shut down oil, gas, nuclear, coil, fire the corrupt, imprison the corrupt and start society on a normal level where everyone works, no E.I. everyone gets education, health, food, clothes. no one deserves to be higher than anyone else. everyone should be equal. PEOPLE ARE THE POWER. IF EVERY MAN, WOMAN AND CHILD STUCK TOGETHER, NOT ONE LESS CITIZEN IN THE COUNTRY, ALL CAME TOGETHER AGAINST THE GOVERNMENT AND TOLD THEM THIS IS WHAT THE PEOPLE AGREE ON AND WANT. YOU WOULD WIN. BECAUSE YOU PEOPLE ON ANY COUNTRY ARE THE POWER, YOU RUN THE COUNTRY EVERYDAY YOU GO TO WORK, EACH ONE OF YOU PLAYS A PART AND IF YOU TOOK THAT AWAY FROM ANY GOVERNMENT THEY WOULD HAVE TO ONE. WHO HAS THE POWER, WE THE PEOPLE DO BUT WERE TO AFRAID TO STICK TO ONE ANOTHER AND BELEIVE IN WHATS RIGHT BECAUSE OF JOB LOSSES OR JAIL TIME. EVERYONE IN THE COUNTRY CANT GO TO JAIL. REMEMBER THAT, PEOPLE ARE THE POWER, LETS STOP WASTING OUR TIME AND COME TOGETHER AS ONE AND END CORRUPT GOVERNMENTS AND TAKE BACK WHATS RIGHT.

NeverGetbusted on
February 1, 2013 2:47 pm

I’m glad you caught my sarcasm.

Barry

2buds on
February 1, 2013 1:37 pm

Thank you Barry. Your passion and sense of justice are your finest qualities.

jeremiah on
January 31, 2013 11:40 pm

Think you may have missed Barry’s obviously sarcastic tone

Anonymous on
January 31, 2013 11:36 pm

“(especially since racism completely ended in 1968 when the US decriminalized being a Black American by allowing them to drink from the same fountains as whites)” what the hell planet are you on? Growing and thriving since 1968.

Riley on
January 31, 2013 11:28 pm

The judge who sentenced this man should be the one put in jail for 30 years. Evil demonic judges like this are so incredibly disgusting, it makes me wanna puke.